Appellate

  • June 04, 2026

    Fed. Circ. Homes In On 'Adherence' In Canvas Duty Appeal

    A Federal Circuit panel considered conflicting interpretations of an antidumping order on artist canvases Thursday as it reviewed whether the U.S. Department of Commerce properly found a company's products to be in scope, focusing questions on what it means for canvases to promote "adherence" of paint.

  • June 04, 2026

    6th Circ. Rejects Scotts Bid To Block P&G Weed Killer

    The Sixth Circuit on Thursday affirmed a lower court's refusal to block Procter & Gamble from selling its Spruce weed killer, holding that Scotts failed to show its Miracle-Gro packaging is distinctive enough to support trade dress claims or that the products are likely to confuse consumers.

  • June 04, 2026

    Blanche's AG Bid Could Face Rocky Path In Senate

    Acting Attorney General Todd Blanche will be tapped for the permanent role, but he might not have a smooth path to confirmation.

  • June 04, 2026

    Ecobee's $11.5M Thermostat IP Trial Loss Erased By Fed. Circ.

    The Federal Circuit on Thursday threw out an $11.5 million award against Ecobee Technologies in a smart thermostat patent infringement suit from Ollnova Technologies, citing problems with the verdict form and how jurors were instructed to look at the patents.

  • June 04, 2026

    Panel Unsure Fraud Suit Against Conn. Atty Was Late

    Connecticut appellate judges suggested Thursday that an attorney may have waived the right to claim a three-year statute of limitations protected her from a client's fraud suit, which resulted in a $27,000 verdict, by failing to correctly raise the issue in a trial court.

  • June 04, 2026

    EPA Unlawfully Delayed Methane Rule, Groups Tell DC Circ.

    Environmental groups told the D.C. Circuit that the U.S. Environmental Protection Agency violated the Clean Air Act by extending without justification compliance deadlines for initiating requirements aimed at reducing methane pollution from the oil and gas sector.

  • June 04, 2026

    Floor Importers Failed To Fight Fight Duty Rate, Fed. Circ. Told

    Importers appealing a U.S. Court of International Trade ruling sustaining revised antidumping duties on Chinese wood flooring missed their opportunity to challenge the rate reached by the government, a U.S. Department of Justice attorney told the Federal Circuit on Thursday.

  • June 04, 2026

    NY AG Must Preserve Cohen Docs In Trump's Civil Fraud Case

    The New York state trial court judge overseeing President Donald Trump's civil fraud case granted his request to preserve notes from private meetings between state litigators and Trump's former attorney Michael Cohen after the key witness said he felt "pressured" to testify.

  • June 04, 2026

    Meta Says 9th Circ. Needn't Revisit Facebook Genocide Ruling

    Meta Platforms Inc. is fighting a petition from two women asking the Ninth Circuit for a full court rehearing of their suit alleging that Facebook's 2009 algorithms contributed to the destruction of their villages during the genocide of Rohingya Muslims in Myanmar, saying the circuit's interpretation of Section 230 of the Communications Decency Act doesn't need revisiting.

  • June 04, 2026

    Justices Back FCC's Power To Impose Fines

    The U.S. Supreme Court upheld the Federal Communications Commission's authority to issue monetary penalties Thursday, knocking down challenges to nearly $200 million in fines against the Big Three wireless carriers for failing to protect consumer data privacy.

  • June 04, 2026

    Supreme Court Shuts Down 'Skinny Label' Drug Patent Suit

    The U.S. Supreme Court on Thursday ended a patent suit over Hikma Pharmaceuticals USA Inc.'s generic version of a heart drug that uses a so-called skinny label, saying Amarin Pharma Inc. had not plausibly alleged that Hikma encouraged healthcare providers to infringe its patents.

  • June 04, 2026

    SEC Disgorgement Powers Stay Intact After High Court Fight

    The U.S. Supreme Court on Thursday said that the U.S. Securities and Exchange Commission could collect ill-gotten gains from alleged fraudsters without having to identify victims who were financially harmed by the fraud, declining to place further limits on the agency's disgorgement powers six years after it last did so.

  • June 03, 2026

    Balwani Takes Theranos Conviction Challenge To Justices

    Former Theranos executive Ramesh "Sunny" Balwani is asking the U.S. Supreme Court to review his criminal fraud conviction and nearly 13-year prison sentence, arguing that the Ninth Circuit used the wrong review doctrine in rejecting his argument that prosecutors had failed to correct allegedly false testimony given by investor victims.

  • June 03, 2026

    Silencer Registration Rules Are Constitutional, 9th Circ. Says

    The Ninth Circuit on Wednesday affirmed a Brazilian man's convictions in Washington state for having multiple guns, ammunition and an unregistered silencer, rejecting his argument that silencers are protected "arms" under the Second Amendment.

  • June 03, 2026

    Fla. Panel Backs 6-Person Jury In Child Sex Abuse Case

    A man sentenced to life in prison for sexually abusing a child under 12 was not entitled to a 12-person jury, a Florida state appeals court ruled Wednesday, finding that since he was not facing the death penalty, his case was not a capital case, nor were his constitutional rights violated.

  • June 03, 2026

    Fed. Circ. Says Air Force Needn't Cover Co.'s Unpaid Costs

    The U.S. Air Force isn't obligated to compensate a subcontractor for over $8 million in unpaid expenses the company said it incurred because of the prime contractor's bankruptcy, the Federal Circuit ruled Wednesday, examining the parties' payment arrangement.

  • June 03, 2026

    Schneider Fights $47M Verdict In Ga. Crash Death Appeal

    A Georgia appeals court considered Wednesday whether a freight company and one of its drivers' inability to cross-examine a former defendant turned key witness justified overturning the $47 million verdict against them in a case brought by a woman whose husband was killed in a 2017 crash.

  • June 03, 2026

    Fla. Panel Finds Health Co. Owner Tricked Customers

    A Florida appellate court on Wednesday reversed an order clearing a health company owner of liability in a deceptive business practices case, saying the lower court wrongly found prosecutors hadn't met their burden of proof despite evidence at trial showing misconduct involving fraud. 

  • June 03, 2026

    Ga. High Court Orders Speedy Trial Motion Redo

    The Georgia Supreme Court is giving a man accused of malice murder a second chance at having his conviction overturned after they found he was unfairly denied an opportunity to argue that he was denied his right to a speedy trial.

  • June 03, 2026

    9th Circ. Suspends 2 Attys For 6 Months Over AI Hallucinations

    The Ninth Circuit on Wednesday temporarily suspended two California immigration attorneys from practicing before the appellate court for filing briefs in a deportation relief case containing artificial intelligence-generated hallucinations, finding no excuse for their "extraordinary confession" of not vetting citations used by unlicensed brief writers.

  • June 03, 2026

    Conrail Freed From Bridge Work Order Vexed By Missing Comma

    A Pennsylvania appellate court on Wednesday vacated a state agency order that assigned responsibility for inspecting and maintaining the drainage system on a Philadelphia railroad bridge to Consolidated Rail Corp., rejecting an interpretation that relied on the omission of a comma in a 60-year-old regulatory directive.

  • June 03, 2026

    Okla. DAs' Tribal Jurisdiction Fight Paused Amid Appeal

    A federal district court judge has stayed a jurisdictional challenge against two Oklahoma district attorneys by the federal government and three tribal nations until another dispute with a Tulsa County prosecutor is resolved in the Tenth Circuit, saying both parties' arguments weighed strongly in favor of the pause.

  • June 03, 2026

    Iconic Lamp Design Isn't MillerKnoll's, 6th Circ. Told

    Counsel for the family of the late designer George Nelson told a Sixth Circuit panel Wednesday that a lower court decision awarding intellectual property rights for his iconic bubble lamp to furniture company MillerKnoll was based on a faulty interpretation of a 2015 contract amendment and should be overturned.

  • June 03, 2026

    Fla. Public Employers Can Close Arb. Hearings, Court Says

    Public-sector employers in Florida don't have to let people observe arbitration hearings in labor-management disputes, a Florida appeals court ruled Wednesday, reversing a trial court's finding that state law requires these hearings to be open to the public.

  • June 03, 2026

    Ga. High Court Ends COVID Execution Pause Agreement

    Georgia can move forward with the executions of a number of incarcerated people on death row, with the state's highest court finding it made good on an agreement to pause the practice during the COVID-19 pandemic.

Expert Analysis

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

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